GOVINDASAMY Vs. STATE BY DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The appeal has been preferred against the conviction and sentence imposed in Judgment, dated 31.01.2003, made in Special Case No.1 of 2000, on the file of the Special Judge-cum-Chief Judicial Magistrate Court, Karur. The appellant herein was arrayed as A-2 in the said special case and convicted under Sections 7 and 13(2) r/w 13(1)(e) of the Prevention of Corruption Act 1988 and sentenced to undergo one year Rigorous Imprisonment and to pay a fine of Rs. 2,000/- in default to undergo three months imprisonment for an offence punishable under section 7 of the Prevention of Corruption Act and convicted under Sections 7 and 13(2) r/w 13(1)(e) of the said Act and sentenced to undergo one year Rigorous Imprisonment and to pay a fine of Rs. 2,000/- in default to undergo a further period of three months R.I for the offence, aggrieved by which the appeal has been preferred.

(2.) It is not in dispute that the copies of documents relied on by the prosecution were furnished to the accused, charges were framed, as per procedure, under Sections 7 and 13(2) r/w 13(1)(e) of the Prevention of Corruption Act. On the side of the prosecution, P.Ws.1 to 11 were examined and Exs.P.1 to 43 and M.Os.1 to 5 were marked. On the side of the accused, no one was examined, but documents Exs.D.1 to D.3 were marked. The trial court found that the guilt against the appellant / A2 and the co-accused have been proved beyond reasonable doubt and convicted the appellant / A2 and the other accused under Sections 7 and 13(2) r/w 13(1)(e) of Prevention of Corruption Act.

(3.) The case of the prosecution is that the appellant/A2, while working as Head Constable in Thogaimalai Police station, on 25.01.1999 at about 4.18 p.m., along with co-accused/A1 Inspector of Police and A3 Station writer had received bribe, a sum of Rs. 5,000/- from P.W.3 on the instruction given by the co- accused/A1. It is seen that the case was registered against the appellant and the co-accused under Sections 7 and 13(2) r/w 13(1)(e) of the Prevention of Corruption Act.